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Citation Nr: 1634360
Decision Date: 08/31/16
DOCKET NO.
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In a February 2013 decision, the Board denied the Veteran's claim of entitl
In November 2014, the Board remanded the issue to the Agency of Original Ju
In October 2015, the Board denied the Veteran's claim of entitlement to an
FINDINGS OF FACT
1. Prior to February 12, 2015, the Veteran's lumbar spine disability was ma
2. Prior to February 12, 2015, the Veteran's lumbar spine disability was no
CONCLUSION OF LAW
Prior to February 12, 2015, the criteria for an initial rating of 40 percen
REASONS AND BASES FOR FINDINGS AND CONCLUSION
The Veteran has been assigned an initial 10 percent disability rating for t
The Veteran was afforded a VA examination in March 2006.
He reported that
Range of motion of the lumbar spine was from 0 degrees to 95 degrees with p
VA progress notes from June 2008 to August 2008 were received.
In June 200
An August 2008 MRI was received in October 2008, which revealed findings of
The Veteran was afforded another VA examination in May 2011.
He reported p
The Vete
The examiner noted that the Veteran was limited in his ability to bend and
The criteria under the General Rating Formula are to be applied with or wit
The IVDS provides that a 10 percent evaluation is warranted when the vetera
During his examination, the Veteran reported that his condition could start
However, the Board finds that the evidence does not more nearly reflect unf
The Board also finds that a higher 60 percent rating is not warranted under
Extraschedular Consideration
The Board finds that this case should not be referred to the Director of th
The Board recognizes that the Veteran has reported functional impairment su
Additionally, the Board finds that missing approximately three to five days
Accordingly, for the period prior to February 12, 2015, an initial disabili
Duties to Notify and Assist
VA has met all statutory and regulatory notice and duty to assist provision
The Veteran's service treatment records, VA medical treatment records, and